header-logo header-logo

Divorce lawyers applaud landmark ruling

13 December 2007
Issue: 7301 / Categories: Legal News , Divorce , Family
printer mail-detail

News

Lawyers have applauded the Court of Appeal ruling that a woman’s divorce settlement can-not be used to pay off the debts of her bankrupt ex-husband.

Margaret Hatwood, an associate at Thomas Eggar LLP, says she is delighted that the appeal court has reinstated the long-held understanding among family lawyers that a decision made after a fully contested hearing could not be overturned by the trustee in bankruptcy.

The appeal court ruled in Haines v Hill and another that Wendy Haines’s £120,000 share in the matrimonial home—which she had been forced to give up after her ex-husband became insolvent—should be returned to her.

The High Court held that the divorce payout amounted to a “transaction at undervalue” and that under the Insolvency Act, s 339 this allowed the husband’s trustees in bankruptcy to ask for it back since it was made within five years before the bankruptcy.

However, Lord Justice Rix said it would be “unfortunate in the extreme” if a settlement approved in a divorce court could be undone for up to five years because the husband went bankrupt.

Hatwood says: “The implications of the decision were substantial and could have led to trustees in bankruptcy going through their filing cabinets to find other cases where orders made in the divorce proceedings could be set aside. So a wife who has received her divorce settlement following a contested hearing in the last five years could be vulnerable to attack. In short she could find she has to pay money to her husband’s creditors.”

If the appeal had been dismissed, she adds, it would have created the spectre of husbands, who were dissatisfied with the outcome of the matrimonial proceedings, deliberately going bankrupt to frustrate the awards of the matrimonial courts.
An appeal by the trustees to the House of Lords is likely, she says, but they are unlikely to succeed.

Issue: 7301 / Categories: Legal News , Divorce , Family
printer mail-details

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
back-to-top-scroll